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FARMERS CO-OP. CO. v. DeCOSTER

No. 94-197.

528 N.W.2d 536 (1995)

FARMERS COOPERATIVE COMPANY, Appellee, v. A.J. DeCOSTER, Appellant.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

William B. Serangeli, Michael P. Mallaney, and Michael E. Marshall, until Marshall's withdrawal, of Smith, Schneider, Stiles, Wimer, Hudson, Serangeli, Robinson, Mallaney, Shindler & Scalise, P.C., Des Moines, for appellant.

Larry E. Ivers, Eagle Grove, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, ANDREASEN, and TERNUS, JJ.

PER CURIAM.

We have granted defendant's application for interlocutory appeal to decide whether gasoline, diesel fuel and petroleum are products within the "ordinary meaning" of the term "material" for which a mechanic's lien may be filed under Iowa Code sections 572.1(2) and 572.2 (1993). The district court concluded these products, for which plaintiff filed a mechanic's lien against defendant, were materials within the meaning of the statute and denied defendant...

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